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The law of tort: an analysis - Essay Example

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The researcher of this paper endeavours to explore the concepts related to the Law of Tort specifically its relation to the medical profession. Tort is a French word which means wrong. Thus, tort law is the law of wrongdoing or perhaps of wrong…
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The law of tort: an analysis
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Download file to see previous pages This study looks into tort law as a part of the civil law of obligations. Tort law is not in general concerned with contracts; hence, it if frequently labelled as the extra-contractual law of liability. In the formative age of the nineteenth century, the line between tort and contract was viewed as the main division in civil law; later, Sir Percy Winfield was the one responsible to draw on this distinction, defining tort law as the breach of an obligation imposed by the law, a meaning that aligns tort and crime. Moreover, tort law is also defined as a body of rules establishing specific injuries uncoordinated by general principles. Conversely, Sir Percy view negligence as a unifying thread for tort law. Tort law is the law of compensation for accidents that involve damage to a person or property. The task of tort law as defined by Fleming is determining only whether a specific loss sustained by an individual should be left to lie where it fell or should be shifted to someone else branded as a tortfeasor. The major aims of tort law appear to be prevention of wastefully risky conduct and compensation of accident victims injured by overly risky behaviour; hence, tort law is viewed as a means that serves ends outside itself. The traditional medical malpractice tort law endeavours at helping to keep doctors on the right track by pressuring them to comply with the standards of their profession. Toward this objective, negligence is defined in terms of the general concept standards of the medical profession and each case is then resolved on its own specific facts where juries determine not only what happened but also what is the suitable standard.20 The DCE System In comparison with traditional tort, the DCE system aims more at compensating the victims of adverse medical outcomes; in addition, it maintains a commitment to preclusion by defining compensable circumstances in terms of adverse outcomes that healthcare providers may control through the exercise of care.21 Hence, the DCE approach compensates victims not only when to do so but also raise the level of care among health care providers; furthermore, it is concerned with the reduction of transaction costs.22 Legal Concepts and the General Principles of the Duty of Care Giving emphasis on tort law, the common law states that the plaintiff, or injured person who brings a suit, must prove four elements in order to gain compensation from the person who injured him or his property called the tortfeasor23 or who is also labelled as the defendant.24 The first element that one must show is that the tortfeasor had a duty to conform to a specific standard ...Download file to see next pagesRead More
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